Lawsuit filed against California State University system over tuition increases

According to a recent lawsuit, students across all California State University (CSU) campuses have paid to go to school  — twice.

State university students have filed a lawsuit against the CSU Board of Trustees claiming the universities violated contractual laws by charging them twice for tuition and not providing ample time for students to secure funds to pay for school. The case is being held in San Francisco Superior Court.

Travis Donselman, a graduate student from CSU San Bernardino; and Samantha Adame, an undergrad from San Francisco State University, are named as plaintiffs in the case.

The plaintiffs originally filed a motion for a preliminary injunction that would have prevented the nine schools that had not yet collected the additional fees from having to do so. The judge ruled against the motion on Aug. 31.

Donselman said that the CSU Board acted illegally by charging students for tuition once in June and again in August without providing a warning that fees were going to increase substantially. Donselman said this was a violation of the contractual agreement between the students and the school.

If the students did not pay their second bill on time, they risked being dropped from their classes.

“For me as an MBA student, my fees were going up from $1,659 to over $4,000,” Donselman said. “I wrote Cal State San Bernardino President Albert Karnig and contacted lawyers immediately as I suspected the increases were illegal.”

A few years ago, a similar lawsuit was brought against the University of California (UC) schools in the case Kashmiri v. Regents of the University of California. Mohammad Kashmiri, a law student at UC Berkeley, filed that class action lawsuit alleging a breach of contract when the UC system began raising tuition costs without prior notice. The court ruled in favor of the students.

Donselman said that case inspired him to follow suit.

“I know the Kashimiri v. Regents case, in which the courts ruled in favor of the students and fundamentally changed the way the UCs increase fees,” Donselman said. “Now the UCs are very conscientious about making sure any fee increases do not abridge the rights of students.”

The Board of Trustees could not be reached for comment. According to its July agenda on committee finance, the “university faces an unprecedented reduction in state support and a 2009-10 budget deficit estimated at $584 million.”

In order to compensate for the loss of funds, the Board elected to implement additional fees for the fall 2009 semester and mandate faculty furloughs.

Seventy-nine million dollars, or one third of the money generated from the fee increase, the board said would go toward financial aid. The remaining $157 million “will help offset part of the $584 million budget deficit,” according to the CSU Web site.

It was also noted on the Web site that this semester, tuition increased “$672 for undergraduate students, $780 for teacher credential students and $828 for graduate students.

“The undergraduate State University Fee will go up from the current $3,354 to $4,026 per year.  Including the current average campus fee of $801, CSU undergraduate students will pay approximately $4,827 per year, which continues to be the lowest fee rate among comparable institutions,” according to the CSU website.

Donselman remains hopeful that his lawsuit can overturn the fee increases.

“I do have serious concerns, though, if the MBA program is still affordable,” Donselman said. “I know several students who were planning on entering the MBA program at Cal State San Bernardino but now aren’t because they simply can’t afford it.”

Donselman said he agrees that the fee increases are necessary in light of the budget crisis in California but feels that, “the school still needs to follow the law like everyone else and do things orderly and properly, which for me means doing things legally.”

Alice Sunshine, communications director for the California Faculty Association, said the Board increased tuition 10 percent in May and again over 20 percent this semester, adding up to a 32 percent increase in tuition over less than a year.

Sunshine said the Board must, “understand the impact that the fee increase will have on student attendance and the continuation rate. You have to know what you’re doing to the students before you raise fees.”

Sunshine said the CSU schools are beneficial to students because they offer higher education at affordable rates. She said college-educated people are important to the economy. “California depends on people who have a higher education.”

Donselman does not see lack of funding as an excuse.

“The current state of the economy doesn’t excuse the school from honoring its contractual obligations and following the law. After all, we’re hurting too.”

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  • Ricardo pena

    I am also enroll in the MBA Program in Cal State san bernardino, I was for effect drop from my registered classes for Fall, and I had paid all the fees except for the increase of the new “fee” that in total sum it doubles my tuition fees.
    I had save money and I was on a budget so I will not be able to complete my degree any more because I will not have enough. I am ok with the increase a long as I have time to react to the situation by getting a job! (not the best time).

    • native californian

      Pena can’t even write English correctly. How the hell did he even get admitted? Another illegal alien taking up space?

  • Not all CSUs the same

    Not all CSUs have the same policy. I have heard that some students who didn’t pay by the first day of classes were dropped. I wonder if they will have to wait until Fall 2010 since there are no new admits coming in the Spring semester. I’m waiting for those to file suit who were dropped from classes and are out for the Fall semester. They paid their “first” bill but didn’t secure funding for their “second” bill.

  • CSUN Student

    Actually, the school is still providing ample time for students to secure funds. Since I am a student that checks CSUN e-mail regularly, I learned of the new rates in an e-mail sent to all students on August 6 from the VP of Student Affairs.

    After clicking the link provided to me for more information, (http://www.csun.edu/presofc/campusbudgetnews/students.html), I also found out that “Students will not be disenrolled solely for failure to pay the July 21 fee increase by the due date. Students with outstanding balances will be unable to register for spring semester until fall semester fees are paid in full.” I know this to be true – my outstanding balance is the exact amount of the fee increase, and as of the fourth week of classes I have not been disenrolled.

    I think that five months is more than enough time to save to pay off the outstanding balance – and yes, that is at the same time that I’m saving toward spring semester fees as well. I don’t like the fee increases either, but each time I feel like kvetching all I have to do is look up fees at my old community college and know that $2,575 for 12 units this semester is STILL not cheaper than CSUN.